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Kantola releases New York-compliant training September 9th, 2018

As you likely know, the state of New York and New York City both signed laws requiring workplace training on harassment prevention. Last week Governor Cuomo released materials and guidance on the state’s updated sexual harassment laws, including a model sexual harassment training program.

All employees should complete sexual harassment prevention training before January 1, 2019.

All employees should complete an additional training at least once per year.

All training must be interactive.

The term “sex” includes sexual orientation, gender identity and the status of being transgender.

The law protects employees, unpaid interns, and non-employees who work in the workplace, including independent contractors, and those employed by companies contracting to provide services in the workplace.

The harasser can be any third-party, including a non-employee, intern, vendor, building security, client, customer or visitor.

Harassing a person because that person does not conform to gender stereotypes as to “appropriate” looks, speech, personality, or lifestyle is sexual harassment.

Harassment because someone is performing a job that is usually performed, or was performed in the past, mostly by persons of the opposite sex, is sex discrimination.

If a supervisor or manager receives a report of harassment, or is otherwise aware of harassment, it must be promptly reported to the employer, without exception.

Bullet #1 is getting a lot of attention; does New York state expect millions of employees to complete harassment training by the end of the year? Our position is that it's entirely possible!

While this 24-page PDF is watermarked DRAFT and things may change, it’s still a good indicator of what New York state expects in workplace harassment training. Harassment training is good for employees, good for workplaces, and good for the bottom line. Our courses, training platform, and staff are ready as of September 9th to help you meet that deadline.

Bullet #9 is also the focus of attention as it must be the strictest reporting requirement we’ve seen. While this might seem onerous to many readers, our suggestion is for employers to understand that this policy creates advantages. Instead of junior supervisors making decisions about whether a complaint is legitimate or not, their new duty is not to evaluate the merits of a harassment complaint, but to start documentation, and get someone at a higher level involved. We think that this is good, and will help limit the severity of claims.

Don’t hesitate to contact your account representative, or contact us directly at info@kantola.com or 415.381.9363 with any questions.